Malta’s employment law framework will undergo significant transformation on 1 January 2026, with the introduction of three key legislative measures: the Miscarriage Leave Regulations, the Minimum Special Leave Entitlement (Amendment) Regulations, and the Employment and Industrial Relations (Amendment No. 3) Act. Together, these reforms enhance statutory protections for workers during profoundly sensitive circumstances such as pregnancy loss, the death of a child, and stillbirth.
- Statutory Miscarriage Leave Introduced (LN 274 of 2025)
The Miscarriage Leave Regulations, introduce a landmark addition to Malta’s employment law framework by creating a statutory right to paid leave for employees who experience a miscarriage, whether this occurs in Malta or abroad. Coming into force on 1 January 2026, the regulations apply to all workers governed by the Employment and Industrial Relations Act and do so without distinction based on gender, sexual orientation, employment status, or family structure. This broad applicability signals a deliberate policy commitment to ensuring that support during pregnancy loss is universal and equitable.
For the purposes of these regulations, a miscarriage includes both natural or spontaneous pregnancy loss due to medical complications and pregnancy termination carried out in accordance with Article 243B of the Criminal Code, provided it occurs before the twenty-second week. The legislation also recognises the “other prospective parent – a person identified by the pregnant worker as the second parent – ensuring the framework reflects modern and inclusive family realities and acknowledges the multi-dimensional impact of pregnancy loss.
Under this new entitlement, every worker – whether engaged on a full-time or part-time basis, or under an indefinite or fixed-term contract – benefits from seven working days of paid miscarriage leave, to be taken immediately following the miscarriage. The entitlement applies independently to the pregnant worker and to the other prospective parent and is available from the first day of employment. Part-time workers receive their entitlement on a pro rata basis.
Miscarriage leave is treated as a distinct form of leave: where it coincides with pre-approved vacation leave, the employee may either retain the vacation leave or replace it with miscarriage leave, provided the replacement occurs immediately.
Employers may apply to The Department of Industrial and Employment Relations (the “Department) for reimbursement of the paid leave, provided the application is submitted within three months of the leave being taken.
The regulations impose intentionally minimal documentation requirements. Within two working days of returning to work, the employee must provide a medical certificate issued by a registered obstetrician or gynaecologist confirming the date of the miscarriage, and that it occurred before the twenty-second week. Where the other prospective parent wishes to avail themselves of the leave, a simple declaration signed by the pregnant worker and countersigned by the other parent is sufficient. Employers are expressly prohibited from requesting any additional documentation, and employees are not required to have disclosed their pregnancy beforehand. This approach strikes a deliberate balance between administrative necessity and the need to protect dignity and privacy at a profoundly sensitive time.
All related personal data must be handled with strict confidentiality and processed solely for administering the leave, in line with GDPR and the Data Protection Act, with access limited to authorised personnel. The Department will maintain a confidential register of workers who take miscarriage leave and employers seeking reimbursement. During the leave period, employees continue to accrue all employment rights and must, upon return, be reinstated to their role with the benefit of any improvements that would have applied had they not been absent.
The regulations also introduce robust protections against adverse treatment. Any dismissal – or even preparations for dismissal – on the grounds that a worker has applied for or taken miscarriage leave is unlawful, including during probation.
Non-compliance constitutes an offence under the Employment and Industrial Relations Act. While Article 45 of the Act sets out the enforcement framework, employers should note that fines typically range from €2,000 to €5,000 for a first offence and €5,000 to €7,000 for subsequent offences, with courts also empowered to order payment of any outstanding entitlements.
- Enhanced Special Leave Framework (LN 275 of 2025)
The Minimum Special Leave Entitlement (Amendment) Regulations, 2025, also entering into force on 1 January 2026, update and clarify the existing statutory special leave regime. The amendments confirm that the framework – which includes sick leave, birth leave, bereavement leave, marriage leave, injury leave, jury service leave, quarantine leave, and now special parental bereavement leave – applies to all employees, with part-time workers receiving pro rata entitlements.
The amendments also introduce a new category of leave: special parental bereavement leave, which provides paid leave to an employee following the death of their child under the age of 18. This new entitlement operates without prejudice to ordinary bereavement leave.
Following these amendments, all employees are now entitled to a total of seven working days of bereavement-related leave. Where an employee previously had a bereavement leave entitlement of less than seven days, they will now receive additional special parental bereavement leave to bring their total entitlement up to seven working days. Employers may apply for reimbursement from the Department only for these additional days of special parental bereavement leave, and not for any ordinary bereavement leave already due to the employee. As with other entitlements, the reimbursement application must be submitted within three months of the leave being taken.
The regulations ensure that special parental bereavement leave is properly incorporated throughout the special leave framework wherever other entitlements are mentioned.
Taken together, these measures strengthen protection for employees experiencing the loss of a child and ensure a consistent minimum standard across all sectors.
- Extension of Maternity Leave in Cases of Stillbirth (Act No. XXXVI of 2025)
A further development in Malta’s family-related employment rights is the enactment of the Employment and Industrial Relations (Amendment No. 3) Act, 2025. Now published as Act No. XXXVI of 2025 and coming into force on 1 January 2026, the amendment extends the scope of maternity leave to cover the delivery of children who are stillborn. For the purposes of this amendment, “delivery” means the birth of a child, whether alive or stillborn, occurring from the twenty-second week of pregnancy onward.
This change ensures that affected employees continue to benefit from the full maternity leave entitlement, regardless of the child’s survival. The reform aligns with broader legislative trends aimed at strengthening family-related rights and providing meaningful support to workers navigating exceptionally difficult circumstances.
———
These three legislative instruments collectively represent a significant evolution in Malta’s employment law framework. They provide clearer and more consistent rights for workers experiencing pregnancy loss, the death of a child, or stillbirth; strengthen safeguards against adverse treatment; and signal a broader policy commitment to modern, inclusive, and compassionate employee protection.
Employers are encouraged to review their internal policies, train HR personnel, and prepare early to ensure full compliance ahead of the 1 January 2026 implementation date.
For further guidance and assistance in understanding or implementing the new entitlements, please do not hesitate to contact us at David Zahra & Associates Advocates. Our team is available to support employers and employees in navigating these important legislative developments.
